California law has long recognized a settlor’s right to restrict a beneficiary’s use of trust assets. Restraints on alienation, spendthrift clauses, shutdown clauses and wholly discretionary trusts are a few of the tools settlors may use when creating a trust for the benefit of someone likely to have creditor problems.
Determine how to produce the summary of account and each supporting schedule. Recognize California's Uniform Principal and Income Act. Recognize when the fiduciary's records reveal a breach of trust. Determine how to get the records you need to do the job you were hired to do.
Jerry A. Kasner Estate Planning Symposium
The Fading Client Quandary: What Can the Financial Planner Do When a Client May Not Be Mentally Comp[..]
What questions should an attorney ask before hiring someone to prepare a client’s fiduciary accounting? What are the indicia of a poorly prepared accounting? Are waivers of account ever a good idea? Should the trust document routinely waive accountings? Ever? Is there anything a trustee’s attorney can do to shorten the statute of limitations on breaches of trust disclosed in an accounting?
Fiduciary Accounting: The Things They Would Not Let Me Say in the Book April 29, 2016 12:00 p.m. [..]